What happens to a waiver of a mechanics' lien in Delaware?

Prepare for the Delaware Property Law Exam with our comprehensive study guide featuring flashcards and multiple choice questions. Each question includes hints and explanations to aid your learning. Get ready for success!

In Delaware, a waiver of a mechanics' lien is generally considered unenforceable when it is given before the work has been performed or before the payment has been made. This aligns with the principle that contractors and laborers should not forfeit their rights to secure payment for services rendered or materials provided. A mechanics' lien serves as a security interest in the property for the payment of work, and waiving such a right prematurely could leave subcontractors, suppliers, or laborers without means to secure the payment they are owed. The law seeks to protect those who contribute labor and materials to a property, ensuring that they retain the right to assert a lien until they are actually compensated. Therefore, such waivers are seen as lacking validity or enforceability prior to the completion of work or receipt of payment, solidifying the understanding of option C as the correct answer.

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